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09-26-2007 Board Summary Board of Supervisors Kelly E. Miller Renny Bush Humphrey R. M. “Dickie” King, Jr. Donald D. Sowder Arthur S. Warren County Administrator James J.L. Stegmaier Summary of Actions Taken by the Board on September 26, 2007 3:00 P.M. SESSION COUNTY ADMINISTRATOR’S COMMENTS ?? Mr. Dave Schulte, Executive Director of the Petersburg Area Regional Tourism organization, briefed the Board on the work of the organization, of which Chesterfield is a member. RESOLUTION Adopted Resolution recognizing October 2007, as “Quality Month” in Chesterfield County. WORK SESSION A work session was held regarding the Illegal Immigration Report requested by the Board. Adopted Directed staff to bring forward recommendations relative to illegal immigrants, in a form approved by the County Attorney, for setting of a public hearing date for the Board to consider the recommendations. DEFERRED ITEMS Approved Transfer of District Improvement Funds from the Clover Hill District Improvement Fund to the Department of Parks and Recreation to purchase and install an entrance sign at Rockwood Park. APPOINTMENTS Approved Reappointment of Ms. Merdis Hudson to serve on the SAFE Board of Directors. 1 Approved Reappointment of Ms. Penny Gilliland, Mr. Bhavik Shah, Ms. Deloris Jordan, Mr. Nick Newman and Mr. William Enoch to serve on the Youth Services Citizen Board. Approved Reappointment of Mr. Gary Thomson, Mr. R. M. “Dickie” King, Jr. and Mr. Bob Walker to serve on Virginia’s Gateway Region Board. Approved Appointment of Mr. Shayne McDavid to serve on the Parks and Recreation Advisory Board. Approved Reappointment of Mr. David W. Mathews, Mr. Daniel K. Smith and Mr. S. Joseph Ward to serve on the GRTC Transit System Board of Directors. STREETLIGHT INSTALLATIONS Approved Streetlights as follows: in the Bellwood Manor Subdivision, at the intersection of Arvin Drive and Carroll Lane; in the Arbor Landing Subdivision, at the intersection of Ironbridge Parkway and Stephens Point Drive; at the entrance to the Salem Woods Subdivision, at the intersection of Old Warson Drive and Salem Church Road; and in the Brighton Green Subdivision, in the vicinity of 9511/9519 Ashton Court. CONSENT ITEMS Adopted Resolution recognizing Ms. Shannon Michelle Hill upon attaining the Gold Award. Adopted Resolution recognizing Deputy Robert G. Burton, Sheriff’s Office, upon his retirement. Adopted Resolution recognizing Captain Brian D. Riffe, Chesterfield Fire and Emergency Medical Services Department, upon his retirement. Adopted Resolution recognizing Firefighter Otis D. Duncanson, III, Chesterfield Fire and Emergency Medical Services Department, upon his retirement. Adopted Resolution recognizing Firefighter William “Dennis” Bond, Chesterfield Fire and Emergency Medical Services Department, upon his retirement. th Adopted Resolution recognizing Providence United Methodist Church on its 200 anniversary. 2 Adopted Resolution recognizing October 7-13, 2007, as “Paralegals Week” in Chesterfield County. Adopted Resolution recognizing Mr. Lewis W. Riggins, Utilities Department, upon his retirement. Adopted Resolution consenting to the transfer of title to the Appomattox Regional Governor’s School from the Appomattox Governor’s School Limited Partnership to the Regional Board of the Partnership to the Regional Board of the Appomattox Regional Governor’s School. Approved Request for music/entertainment festival permit for annual Magnificent Midlothian Food Festival on Wednesday, October 3, 2007. Approved Special Project Service Agreement with DRC Emergency Services, LLC and Omni Pinnacle, LLC for a Disaster Recovery Services Program through the Central Virginia Waste Management Authority. Approved Special Project Service Agreement with Beck Disaster Recovery for the Professional Debris Management Program through the Central Virginia Waste Management Authority. Approved Appropriation of State Wireless E-911 Services Board Grant Funds to address Emergency Communications’ regional recruitment efforts between Chesterfield County, Hanover County, Henrico County, and the City of Richmond. Approved Appropriation of grant funds for the Sheriff’s Office Jail Management System Rewrite Project with local matching funds. Approved Transfer of District Improvement Funds from the Clover Hill District Improvement Fund to the Parks and Recreation Department to purchase and install fiberglass backboards in the Gordon Elementary School gymnasium. Approved Transfer of District Improvement Funds from the Bermuda and Matoaca District Improvement Funds to The Shepherd’s Center of Chesterfield. Approved Transfer of District Improvement Funds from the Midlothian District Improvement Fund to the School Board to make repairs to the grand piano in the Choral Department at Midlothian High School. 3 Approved Transfer of District Improvement Funds from the Bermuda District Improvement Fund to Henricus Foundation to purchase kitchen equipment for the Ordinary Building at Henricus Historical Park. Approved Acceptance of a grant awarded by the Department of Motor Vehicles for the FY2008 Highway Safety Project Grant, known locally as Enforcing Transportation Safety in Chesterfield County. Approved Public hearing date of November 14, 2007 at 6:30 p.m. for the Board to consider proposed amendments to County Code Sections 19-65 and 19- 124 relating to the operation of motorcycles, ATVs and go-carts on agricultural and residential property. Approved Public hearing date of October 10, 2007 at 6:30 p.m. for the Board to consider the conveyance of 3.44 acres of property located on Reycan Road in the Chesterfield County Industrial Airpark to Courthouse III, LLC. Approved Public hearing date of October 10, 2007 at 6:30 p.m. for the Board to consider FY2009 Enhancement Projects. Approved Public hearing date of November 14, 2007 at 6:30 p.m. for the Board to consider proposed adjustments to Planning Department subdivision review fees. Approved Public hearing date of October 10, 2007 at 6:30 p.m. for the Board to consider an amendment to the zoning ordinance relative to substantial accord determinations. Approved Award of architectural and engineering contract with Davis Buckley Architects for architectural and engineering services for historical properties. Approved Authorization for the County Administrator to execute a construction contract with R.J. Smith General Contractors for Goyne Park and Ecoff Athletic Complex renovations. Approved Authorization for the County Administrator to execute a construction contract with Interstate Construction Company for Chester Middle School ballfield expansion and relocation. Approved Authorization for the County Administrator to execute Change Order #1 for Rockwood Park trail repairs. 4 Approved Award of a contract to Mercury Associates, Incorporated to conduct an automotive vehicle and radio shop feasibility study. Approved State road acceptance of roads in Sycamore Springs at Southbend; Beulah Oaks, Section 2; Armistead Village, Section B; and Tarrington, Section 7. Approved Authorization for the County Administrator to execute a construction contract for Midlothian High School football and soccer practice field sports lighting. Approved Sewer contract for the Walthall Industrial Parkway Sanitary Sewer Extension Project. Approved Request from Samuel T. Atkinson, et als for permission for a gravel driveway to encroach within a 50-foot unimproved county right of way known as Epic Road. Approved Request from Best Locations, LLC for permission for a concrete dumpster pad to encroach within a 16-foot easement across property at 5201 Commonwealth Centre Parkway. Approved Request from Stephen N. Churchill and Jennifer M. Churchill for a proposed fence to encroach within an 8-foot easement across Lot 44, Berkley Village, Section A at Charter Colony. Approved Request from Jay C. Edwards, III and Erica J. Edwards for permission for a proposed fence to encroach within an 8-foot easement across Lot 73, Hartley Village at Charter Colony. Approved Request from David L. Ford and Janine L. Ford for permission for an existing fence to encroach within a 20-foot drainage easement and a 24- foot drainage easement across Lot 23, Cypress Woods, Section 2. Approved Request from Keith A. Harpool and Melissa L. Harpool for permission for an existing fence to encroach within an 8-foot easement and a 30-foot temporary construction easement across Lot 40, Hartley Village at Charter Colony. Approved Request from Allen Kidd and Margaret Kidd for permission to install private sewer service within a private easement to serve property at 232 North Arch Road. Approved Request from Barney McLaughlin for permission to install private sewer and water services within a private easement to serve property at 12421 Richmond Street. 5 Approved Request from Robert J. Meister and Karen A. Meister for permission for a proposed fence to encroach 4 feet into a 16-foot drainage easement across Lot 53, Hartley Village at Charter Colony. Approved Request from Mesha Mendenhall Mott for permission for an existing fence to encroach within an 8-foot easement and a 16-foot drainage easement across Lot 28, Tanner Village, Section A at Charter Colony. Approved Request from Franklin M. Sheffield, Jr. and Beverly L. Sheffield for permission to install a private water service within a private easement to serve property at 14011 Happy Hill Road. Approved Request from Gary A. Terrill and Amy L. Terrill for permission for a proposed fence to encroach within an 8-foot easement across Lot 40, Glenmore Village, Section A at Charter Colony. Approved Request from Donna E. Walters for permission to install a private water service within a 50-foot unimproved right of way to serve property at 11801 Taplow Road. Approved Acceptance of a parcel of land for the extension of Temie Lee Parkway and Saint Elizabeth Drive from Linwood Elton Bottoms, Jr. and Kevin M. Bottoms. Approved Acceptance of a parcel of land along Canasta Drive from Cynthia W. and Steve Wayne Brickell. Approved Acceptance of a parcel of land for an extension of Magnolia Cove Circle from Mary W. Cole. Approved Acceptance of a parcel of land along River Road from Richard and Belinda Crowder. Approved Acceptance of three parcels of land along Canasta Drive and Iron Bridge Road from JHM, L.L.C. Approved Acceptance of a parcel of land along Old Otterdale Road from Open Door Baptist Church. Approved Acceptance of a parcel of land for an extension of Magnolia Cove Circle from Richard M. Allen Revocable Living Trust. Approved Acceptance of a parcel of land for an extension of Magnolia Cove Circle from Tascon-Ironbridge, L.L.C. 6 Approved Acceptance of a parcel of land adjacent to Watkins Centre Parkway from Watkins Land, L.L.C. Approved FY2009 priority list of primary and interstate needs. Approved Authorization to execute a Grade Separation Structure Agreement with the Virginia Department of Transportation and Magnolia Green Associates. Approved Conveyance of easement to Columbia Gas of Virginia, Incorporated to provide serve to Elizabeth N. Scott Elementary School and Elizabeth Davis Middle School. Approved Conveyance of easement to Columbia Gas of Virginia, Incorporated across county property to serve the Juvenile and Domestic Relations Court. Approved Conveyance of easement to Columbia Gas of Virginia, Incorporated for relocation of gas line at Proctors Creek Wastewater Treatment Plant. Approved Conveyance of easement to Columbia Gas of Virginia, Incorporated to provide service to Winterpock Elementary School. Approved Request to quitclaim a 16-foot water easement and portions of 16-foot and 20-foot sewer easements across the property of EDCO, L.L.C. Approved Request to quitclaim a 30-foot sewer easement across the property of Watkins Land, L.L.C. Approved Request to quitclaim 30-foot sewer easements across the property of BEP Limited Partnership. Approved Request to quitclaim a 30-foot sewer easement across the property of Gray Land and Development Company, LLC. Approved Request to quitclaim a 30-foot sewer easement across the property of Daniel S. and Marie Rice Watkins. Approved Conveyance of an easement to Verizon Virginia Incorporated to provide service to Winterpock Elementary School. Approved Extend the time for the Impact Fee Ordinance Advisory Committee to make a recommendation to the Board on a proposed Impact Fee Ordinance no later than October 17, 2007. 7 ADDED BY UNANIMOUS CONSENT Approved Allocation of $250,000 from the Utility Inducement Fund to pay for extending existing public wastewater lines to accommodate for the development of Meadowville Technology Park. REPORTS Accepted Report on Developer Water and Sewer Contracts; Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases; Report on Roads Accepted into the State Secondary System; Report of Planning Commission Substantial Accord Determination for Clearwire US LLC (Case 08PD0112) to co- locate an antenna on a Virginia Power structure located on the west line of Salem Church Road, north of Bellmeadows Road; and Report of Planning Commission Substantial Accord Determination for New Cingular Wireless PCS, LLC (Case 07PD0415) to co-locate an antenna on a Virginia Power structure located in the northeast quadrant of interchange of Route 288 and North Woolridge Road. CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Andrea Epps thanked Ms. Lisa Elko for her outstanding service as Clerk to the Board of Supervisors. CLOSED SESSION A closed session was held pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, to discuss potential replacements for the position of Clerk to the Board of Supervisors and pursuant to Section 2.2-3711(A)(5), Code of Virginia, 1950, as amended, for discussion concerning a prospective business in the county where no previous announcement has been made of the business’ interest in expanding in the county. 6:30 P.M. SESSION Mr. Russell Harris gave the invocation. Eagle Scout Dallas Gilreath led the Pledge of Allegiance to the flag of the United States of America. 8 RESOLUTIONS Adopted Resolution recognizing October 2007, as “Domestic Violence Awareness Month.” Adopted Resolution recognizing the Virginia Asian Chamber of Commerce and its Chairman, Tinh duc Phan, for the organization’s strong contributions to the economy of Virginia. Adopted Resolution recognizing Mr. Dallas Judson Gilreath upon attaining the rank of Eagle Scout. Adopted Resolution recognizing Mrs. Lisa Elko for her service as Clerk to the Board of Supervisors. Approved Appointment of Mrs. Janice Blakley as Clerk to the Board of Supervisors, effective October 8, 2007. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONINGS 06SN0244 In Bermuda Magisterial District, request of H. H. Hunt Corporation for Approved with rezoning of a 1,445.4 acre tract from Agricultural (A) to Residential (R- proffered 12) with Conditional Use Planned Development to permit exceptions to conditions Ordinance requirements plus Conditional Use to permit recreational facilities on 43.5 acres of the 1,445.4 acre tract and rezoning of a 169.1 acre tract from Agricultural (A) to Regional Business (C-4) with Conditional Use Planned Development to permit exceptions to Ordinance requirements plus Conditional Use on 3.0 acres of the 169.1 acre tract to permit an above-ground utility structure (wastewater pump station) – total of 1614.5 acres located on the south line of Bradley Bridge Road and the west line of Branders Bridge Road. Tax IDs 780-644-8171; 781-637-Part of 6541; 781-639-3251; 781-641-6250; 783-635-0505; and 784-641-6810. 07SN0152 In Matoaca Magisterial District, request of Patricia H. Patton and Michael (Amended) and Myrna T. McCaffery for rezoning and amendment of zoning district Approved with map from Agricultural (A) to Community Business (C-3) of 12.5 acres proffered located on the south line of Hull Street Road, east of Mockingbird Lane. conditions Tax ID 730-674-7150 and 731-674-2477. 07SN0298 In Dale Magisterial District, request of Kevin L. Floyd PE, LS for Approved with rezoning from Agricultural (A) to Residential (R-15) of 51.2 acres located proffered on the north line of Beach Road, west of Gates Bluff Drive. Tax IDs 763- conditions 661-Part of 7607 and 764-662-Part of 3891 and 7481. 9 07SN0307 In Matoaca Magisterial District, request of Battleground Restaurants, Inc. (Amended) and Michael McCaffery for rezoning from Agricultural (A), Approved with Neighborhood Business (C-2) and Corporate Office (O-2) to Corporate one condition and Office (O-2) and Community Business (C-3) plus Conditional Use proffered Planned Development to permit exceptions to Ordinance requirements on conditions 7.9 acres located on the south line of Hull Street Road, west of Mockingbird Lane. Tax IDs 729-673-5883 and 8052 and 729-674-8507. 07SN0333 In Midlothian Magisterial District, request of Chesterfield County Board Deferred until of Supervisors for rezoning from Residential (R-7), Neighborhood October 24, 2007 Business (C-2), Community Business (C-3), Regional Business (C-4) and General Business (C-5) to Regional Business (C-4) with Conditional Use to permit multifamily and townhouse uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 83 acres located in the southwest quadrant of Midlothian Turnpike and Chippenham Parkway, also north line of Cloverleaf Drive and the northern terminus of Starview Lane. Tax IDs 764-705-3864, 6668 and 8227; 764-706-3159-00001 and 00002 and 8861-00001 and 00002; 764- 707-6112-00001 and 00002; 765-704-2693; 765-705-4651, 5781, 7651 and 7962; 765-706-1010-00001 and 00002, 4170, 6964, 8068 and 8842; and 765-707-6600. 07SN0338 In Bermuda Magisterial District, request of Wawa Inc. for rezoning and Approved with amendment of zoning district map from Manufactured Home Park (MH- proffered 1) to Community Business (C-3) on 4 acres located in the northwest conditions quadrant of the intersection of Swineford Road and Jefferson Davis Highway. Tax ID 790-682-4662. 07SN0350 The Commission requests amendment to a Conditional Use Planned Deferred until Development (Zoning Case 74S021) relating to open space in Brandermill October 24, 2007 Community. Case 74S021 required 940 acres of open space; this amendment would reduce the total to 912.9 acres. Location: all properties located within the boundaries of the Brandermill community, excluding county-owned properties or commercial properties that do pay dues to the Brandermill Community Association for maintenance. 07SN0353 In Bermuda Magisterial District, request of Doran Development Co., Approved with L.L.C., Richard J. November, Manager and H. R. Pollard, IV, Manager proffered for rezoning from Agricultural (A) to Residential (R-12) of 30.7 acres conditions located on the east line of Happy Hill Road, across from Fielding Road. Tax ID 799-642-4348. 10 07SN0366 In Bermuda Magisterial District, request of Chesterfield Board of Approved with Supervisors for rezoning and amendment of zoning district map of 1.1 proffered acres from Multifamily Residential (R-MF) to Residential (R-12) with conditions Conditional Use to permit two-family dwellings and Conditional Use Planned Development to permit exceptions to Ordinance requirements on this parcel and an adjacent 38.3 acres zoned Residential (R-7) (total of 39.4 acres) located on the south line of Drewrys Bluff Road, west of Old Plantation Road, and north line of Alcott Road across from Telbury Street. Tax IDs 789-679-2472, 2715 and 6083; 789-680-0739 and 5623; and 790-679-Part of 0806. 07SN0371 In Dale Magisterial District, request of Holiday Signs, Inc. for amendment Approved of Conditional Use Planned Development (Case 79SN0079) relative to signage on 0.6 acre located in the northeast quadrant of Krause and Beach Roads. Tax ID 771-661-1256. 07SN0373 In Bermuda Magisterial District, request of KCCCC, LLC for Conditional Approved with Use and amendment of zoning district map to permit outdoor recreation conditions and and day care uses plus Conditional Use Planned Development to permit proffered exceptions to Ordinance requirements on 3.6 acres located on the conditions Southwest line of Point of Rocks Road and the west line of I-295. Tax ID 821-642-4471. 07SN0376 In Midlothian Magisterial District, request of Bon Air Animal Hospital Approved with for rezoning from Neighborhood Commercial (C-2) to Community one proffered Business (C-3) of 0.6 acre located on the east line of McRae Road, south condition of West Huguenot Road. Tax ID 754-720-5612. 07SN0377 In Clover Hill Magisterial District, request of William B. Simmonsfor Approved with Conditional Use Planned Development to permit three (3) freestanding one condition signs on 5.5 acres located on the south line of Midlothian Turnpike, west of Providence Road. Tax IDs 758-705-2928, 5331 and 5849. 08SN0110 In Dale Magisterial District, request of Rebecca Morrison for renewal of Approved with temporary manufactured home permit 01SR0104 to park a manufactured conditions home in a Residential (R-7) District on 1.4 acres known as 4747 Cascade Street. Tax ID 778-688-3715. 08SN0112 In Bermuda Magisterial District, request of Stoney Glen LLC for Withdrawn by amendment to rezoning (Case 02SN0186) to right of way dedication on applicant Harrowgate Road on 143.2 acres located on the west line of Harrowgate Road across from Wellspring Road. Tax ID 791-641-1825. 11 PUBLIC HEARINGS Not Adopted Amendment to Section 19-227 of the County Code pertaining to the sale of alcoholic beverages near schools, residentially zoned property, day care centers, churches, and other places of worship. Adopted Resolution approving a Regional Water Supply Plan. Adopted Ordinance adopting restrictions on use of public water during drought and/or emergency conditions. Adopted Ordinance establishing a special assessment for the Lower Magnolia Green Community Development Authority and approval of a Special Assessment Agreement with the Lower Magnolia Green Community Development Authority regarding the financing of certain infrastructure. Adopted Ordinance to amend Section 5-7.4 of the County Code to allow for interest to accrue on liens incurred to correct spot blight. Adopted Ordinance to vacate excess right of way along Commonwealth Centre Parkway. Approved Leasing of county property at Lake Chesdin Park to New Cingular Wireless PCS, LLC. Approved Leasing of space on the Physic Hill Water Tank to New Cingular Wireless PCS, LLC. Approved Leasing of space on the county’s Northern Area Convenience Center Tower to T-Mobile. The meeting adjourned at 12:37 a.m. until October 10, 2007 at 3:00 p.m. for the next regularly scheduled meeting in the Public Meeting Room. 12